California 2017-2018 Regular Session

California Senate Bill SB1082

Introduced
2/12/18  
Introduced
2/12/18  
Refer
2/22/18  
Refer
3/20/18  
Report Pass
4/18/18  
Report Pass
4/18/18  
Refer
4/18/18  

Caption

Income taxation: timeliness penalty: abatement.

Impact

The most significant impact of SB 1082 is the facilitation of a pathway for individuals to mitigate penalties associated with late tax submissions, which may provide financial relief and encourage compliance among taxpayers. By allowing for the abatement under specified conditions, the bill could potentially reduce the overall tax burden on lower-income individuals or those experiencing financial difficulties, enabling these taxpayers to focus on compliance without fear of penalties suspended over their heads. This change may also lead to an increase in the full payment of taxes owed, as taxpayers would be incentivized to stay current with their filings and payments.

Summary

Senate Bill 1082, introduced by Senator Bradford, proposes a change to the California Revenue and Taxation Code concerning penalties for late tax filings and payments. Specifically, the bill aims to allow individual taxpayers to request a onetime abatement of failure-to-file or failure-to-pay penalties if certain conditions are met. This provision takes effect for taxable years starting on or after January 1, 2019, and is designed to offer relief to taxpayers who may have faced penalties due to reasonable causes and who fulfill specific filing and payment conditions.

Sentiment

The sentiment around SB 1082 has been generally positive, as it is viewed as a supportive measure for taxpayers who may unintentionally miss deadlines due to genuine circumstances. Many lawmakers agree that the bill serves to promote fairness in the tax system, especially for those who are not habitual late filers. While legislators across both parties have recognized the need for tax compliance enforcement, there is a collective understanding that financial penalties should not overly burden taxpayers who are willing to comply and need relief.

Contention

Despite the bill's overall supportive sentiment, there have been discussions regarding the efficacy and administrative implications of enforcing the new abatement system. Critics argue that there might be challenges in evaluating the justification of taxpayers' requests and determining 'reasonable cause' effectively. Additionally, the bill's implementation could require further resources for the Franchise Tax Board, leading some to question budget allocations for managing the new abatement process. Such contention highlights the delicate balance between enforcing tax compliance and supporting taxpayers in need.

Companion Bills

No companion bills found.

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